EHRC publishes updated code of practice

The UK government has submitted the Equality and Human Rights Commission’s updated draft code of practice on services, public functions and associations to parliament following the Supreme Court ruling that “sex” under the Equality Act 2010 refers to biological sex.

The updated code:

applies across England, Scotland and Wales;
covers all nine protected characteristics under the Equality Act 2010; and
incorporates legal developments since the original code, including same-sex marriage legislation, evolving disability case law and the recent Supreme Court judgment on the definition of sex.

Parliament has 40 days to review the draft. If neither House rejects it, the secretary of state can formally bring it into force.

A major focus of the update is guidance on single-sex and mixed-sex services. The code explains:

when separate or single-sex services may be lawful and proportionate;
how service providers should assess whether exclusion is necessary to achieve a “legitimate aim”; and
circumstances where mixed-sex services may still be required.

The code also stresses that people with the protected characteristic of gender reassignment remain protected from discrimination under the Equality Act.

In addition, the guidance provides more detail on:

when service providers may lawfully ask about a person’s sex; and
how organisations should approach these situations objectively and proportionately.

The disability guidance has also been expanded, including clarification around:

hidden impairments;
fluctuating conditions; and
neurodiverse conditions that may qualify as disabilities under the Equality Act.

It also gives updated guidance on employers’ and service providers’ duties to make reasonable adjustments.

The Supreme Court ruling is now being reflected in official equality guidance and compliance frameworks, particularly around sex-based rights, single-sex services, disability protections and pay reporting obligations.

121 HR Solutions will keep you updated on further developments and if any policy updates are required in the future, these are completed automatically for our HR Business Partnership clients. Find out more about our services by visiting www.121hrsolutions.co.uk.

EHRC publishes updated code of practice

121 HR Solutions Ltd